Company Takeover - Filing for Two Employers

[nick80]

Would an attorney please advise:

 

My current company is being taken over by another company in the future without a change in my job/duties or office location. My visa does not have premium processing (e3) and adjudication of application for change of employer with USCIS can take up to 6 months. Can I do the following to avoid gap in status:

 

1. File for a 2nd e3 with the "new" employer with USCIS and

2. Continue working for current employer

3. Will my 2nd e3 be valid only when I start working for new employer? Does it matter that I work for current employer even though a 2nd petition has been approved?

4. I know one person who works for 2 employers on this visa and obviously has 2 separate petitions approved. However, my case is slightly different because it is a takeover and technically the "new" job exists in the future from a particular date onwards.

Will I be able to file a new petition with the new employer for the "new" job by providing a specific start date? 

 

How to avoid a gap? Thank you all. 

[nick80]

Does anyone have any insight into this type of situation for someone on e3 status?

[nick80]

Can the company that is going to takeover my current company file for an e3 petition with uscis while I continue to work with my current e3 under current employer? This is not a change in the real sense as the location, job, etc is the same. People have applied and got e3 for two different employers. Is my situation the same also?

What can I do to avoid gap as there is no premium processing for e3?

[pontevecchio]

check out "Successors In Interest". Talk to your HR.